Mills v. Erie Railroad
Appellate Terms of the Supreme Court of New York
Appeal from City Court of New York, Trial Term. Action by Walter A. Mills against the Erie Railroad Company and Frank H. Rice. From a judgment for plaintiff and the defendant Erie Railroad Company, the plaintiff and the defendant Rice appeal.
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Appeal from City Court of New York, Trial Term. Action by Walter A. Mills against the Erie Railroad Company and Frank H. Rice. From a judgment for plaintiff and the defendant Erie Railroad Company, the plaintiff and the defendant Rice appeal. These are cross-appeals, one by the plaintiff from so much of a judgment of the City Court of the city of New York as adjudges that the complaint be dismissed as against the defendant Erie Railroad Company, and the other by the defendant Frank H. Rice from so much of the same judgment entered upon the verdict of a jury as adjudges that the plaintiff…
1Opinion of the CourtGiegerich, J.
The action is to recover damages for an alleged malicious prosecution. The answer of each of the defendants was a specific denial of most of the essential allegations of the complaint.
In October, 1904, when the occurrences out of which this action arose took place, the defendant Rice was a ticket agent of the defendant Erie Railroad Company at its office in the ferry house at the foot of Chambers street, in the borough of Manhattan. About October 18th of that year two excursion tickets to Eackawaxen, Pa., were missing from the ticket case, which he suspected had been stolen because the sum…
2Cases cited7 opinions
- Burt v. . SmithNew York Court of Appeals · 1905
- Knickerbocker v. . the PeopleNew York Court of Appeals · 1870
- People v. . WeldonNew York Court of Appeals · 1888
- Rawson v. Francis H. LeggettNew York Court of Appeals · 1906
- Tyson v. Joseph H. Bauland Co.New York Court of Appeals · 1906
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